Bva Service Connection

[Josephine]

time to free up some space.

Betty

Edited May 16, 2008 by Josephine

[mountain tyme]

Betty...

1.) Congratulation!

2.) after reading the conditons you were granted NSC pension...it seems to me that the pension was granted for other conditions that were not s/c...and still are not s/c...so the question would be will your s/c anixiety % be enough to merit UI...on it's own...

3.) you stated that the VA sent you forms to fill out for UI..this tells me that the VA has rated you high enough to grant UI...now I may be reading your case wrong but yes you were granted a pension...but the pension was not soley based on the anixity disorder..and the VA will not take those conditions into considertion unless you can have them connected secondary to your MH disorder...I hope that makes sence...

that may be why the VA is not granting EED back to when you first were awarded your pension...

but anyways that is what I see

So once you submit the UI form based on the s/c anixiety is why the VA will then grant you at the 100% rate of pay.

jmo

MT

[Berta]

I think only the VA can answer that Josephine- they have to determine if the anxiety disorder itself as service connected has render you unable to work-for TDIU purposes-or should it be rated at 100% for direct SC under the anxiety 100% regs.

I know PTSD has 100% regs but dont know where the anxiety regs for 100% are found -

this case has them I think:

http://www.va.gov/vetapp01/files03/0124243.txt

[mountain tyme]

Betty...had to re-read...your question was..

"If you were granted a Non Service Connected Pension with Chronic

Anxiety listed at 50 % with the other non service connected illness

and "unemployable".

Will the "unemployable" carry over to the Service Connection grant.

If the Non Service Pension effective 2003 declares you unemployable

since 1983

can the VA take this away from you."

1.) back when you received notice of nsc pension your aniexty was rated at 50% at that time for your nsc pension.

2.) so now the question is now that the BVA has granted you s/c for anixity the question that needs to be addressed is what is your s/c percentage for the condition now...

as I stated in my last post I would think based on the fact that the VA wants you to submitt a new form for UI that the s/c disability is rated high enough to warrent UI...

since the other condions that you were granted a nsc pension for are not s/c they will not have a effect on your s/c claim...the VA will not take in consideration of conditions that are not s/c for purposes of granting UI...the only conditions the VA will take in to consideration for grants of UI have to be s/c either by the condition alone or were s/c secondary to the s/c disability.

So even though back in 1983 the VA granted you a nsc pension based on your conditions at the time it will have no bearing on the VA percentage that you were given..if back in 1983 lets say that the aniexty condition was s/c would that rating alone be enough for the VA to grant you UI based soley on your s/c disabilty..I would say no...you would only receive the compensation at the 50% rate...then as time went by and your condition that was s/c increased...you would have put in for increases until you reached the point that the VA would then grant you UI...

in conclusion...at the present time 2008 the VA will now make the determination at what % are you disabled soley based on your MH issue's alone...and if the VA has requested that you submit a UI form it is because your condition merits UI consideration...

MT

[Josephine]

Betty...

1.) Congratulation!

2.) after reading the conditons you were granted NSC pension...it seems to me that the pension was granted for other conditions that were not s/c...and still are not s/c...so the question would be will your s/c anixiety % be enough to merit UI...on it's own...

Anxiety 50% - Year - 1964- date

Inner Ear 30% Year - 1997 - date

Hypertension 30% - 1983 - date

Diabetes 20% - 2002 - date

Disk Disease 10% - 1998 - date

Headaches 10& -- stated included with the chronic anxiety

Isc Stroke 10& ---- 2002 - date

3.) you stated that the VA sent you forms to fill out for UI..

No, my rep said the VA could not locate one that I filled out. It would have been filled out by the counselor on first filling.

this tells me that the VA has rated you high enough to grant UI...now

I may be reading your case wrong but yes you were granted a pension...but the pension was not soley based on the anixity disorder..and the VA will not take those conditions into considertion unless you can have them connected secondary to your MH disorder...I hope that makes sence...

Time is makes complete sense, but the other illness did not occur to much later.

that may be why the VA is not granting EED back to when you first were awarded your pension...

I think the Judge placed EED to 1992.

but anyways that is what I see

So once you submit the UI form based on the s/c anixiety is why the VA will then grant you at the 100% rate of pay.

Now question please, with the Non service connected pension at 50% in 1983 can the VA come in with 10% beginning in 1992.

Thanks,

Betty

jmoMT

[john999]

The standards for rating anxiety disorders are the same for all mental conditions except PTSD and organic brain disorders. Be it major depression or anxiety disorder you can get 100% for it depending on how it affects you and your symptoms. PTSD is just another kind of anxiety disorder.

[Josephine]

John,

I posted my first C&P of 2004. I really don't know how the doc

determined how my anxiety affected me.

Thanks,

Betty